The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-08-30
STANFORD STILL SILENT.
JUSTICE FIELD UPHOLDS HIM IN
HIS COURSE.


it compel Witnesses to Testify-The
Principles Involved Obnoxious to
Free Government
SAN Francisco, Aug. 29.-Justice Field,
of the United States Supreme Court, deliv-
cred his opinion this morning in the matter
Of the petition of the Pacific Railway Com
mission to compel Senator Leland Stanford
10 answer the commissioners questions re-
specting the management of the Central
Pacific railway, and particularly to
explain certain vouchers of the
railway company, whether any money
represented in certain unexplained vouchers
was used to influence national or State leg
isaton The matter was argued before
Judge Field sitting with the United States
Circuit Judge Sawyer and United States
District Judges Hoffman and Sabin last
Monday.
THE CHIEF QUESTION.
The chief question raised was to deter
mine the power of the Railway Commission
10 compel the witness in question to answer
their queries. The decision of Justice
Field was as follows: THE motion for a
peremptory order to witness to answer the
interrogatories propounded by the Railway
Commission has been fully argued and
everything which could be said in its favor
has been ably presented by the United States
Attorney either in oral or printed argu-
ments In resisting the motion, the counsel
of the respondent have not confined them
selves to the discussion of the propriety and
necessity Of the interrogatories and the suf-
fcienCy of the answers given by him, but
they have assailed the validity of the act
creating the commission, so far as it au-
thorizas an examination into the private
affairs of the directors, officers and en-
ployes of the Central Pacific Railroad Com
pany, and conferS the right to invoke the
power of the Federal courts in aid of the
general investigation ordered.
CAREFULLY CONSIDERED.
Impressed with the gravity of the ques-
tons presented, we have given to them all
the consideration in our power. The Pa
Cifc Railway Commission, created under
the act of March 30, 1887, is not q judicial
body. 1t possesses no judicial power. 1t can
determine no right to the government or of
the companies whose affairs it investigates
these rights will remain subjects of judicial
inquiry and determination as fully as
though the commission had never been
created and in such inquiry its report to
the President, of its action, will not be even
admissible as evidence of any matters in
vestigated. 1t is a mere board of inquiry
directed TO obtain information upon
certain matters, and to report the
result of its Investigations to the President
also to lay the same before Congress in the
progress of its Investigations, and in fur
therance of them it is in terms authorized
to invoke the aid of the courts of the United
States, in requiring the attendance ard tes-
timony of witnesses and their production
Of books, papers and documents; and the
act provides that the Circuit or District
Court of the United States, within which
occurs the contunacy OF refusal of any
person to obey a subpoena to him, may
issue an order requiring such persons to ap-
pear before the Commissioners and produce
books and papers and give evidence touch
ing the matters in question.
PERSONAL SECURITY.
"Of all the rights of citizen, few are of
greater Importance, or more essential to his
peace and happiness than the right of per-
sonal security, and that involves not merely
protection OF his person from assault, but
exemption Of his private affairs, books and
papers from the inspection and scrutiny of
others. Without the enjoyment OF this
right all other rights would lose half their
value. The law provides for COM
puisory production i'll the progress
Of judicial proceedings, or by
direct suit for that purpose, of such docu-
ments as affect the interest of others, and
also i'll certain cases for seizure of crimi-
mating papers necessary for the prosecution
of Offenders against public justice, and only
III one OF these ways can they be obtained
and their contents made known against the
viii of the owners. In the recent case of
Boyd vs.. the United States Q1S u. 81
the supreme Court held that the
provision of the law of Congress
which authorized the courts of
the United States in revenue cases on
notion of the government attorney TO re-
qulre the defendant OF claimant to produce
In court his private books invoices and
papers, or that the allegations of the at
torney respecting them should be taken as
confessed, was unconstitutional and void as
applied TO suits for penalties, or To estab-
lSn forfeiture of a party's goods.
WHAT JUSTICE BRADLEY SAID.
The court, speaking by Justice Bradley,
said: Amy compulsory discovery by ex-
iortlng party's oath or compelling the
production of bis private books and papers
70 convict him of a crime or to forfeit his
property is contrary to the principles of
Tree government. 1t is abhorrent to the in
stincts OF an Englishman. 1t is abhorred
to the instincts of American. 1t may
sult the purpose of despotic power, but 1T
cannot abide the pure atmosphere of politi-
GaI liberty aud personal freedom The
language thus used has reference it is true,
70 Uile compulsory production of papers as
foundation for criminal proceedings; but it
y applicable to any such production
OIL private books and papers of a
party otherwise than in the course of
Judicial proceedings or direct suit for that
purpose. 1t is fOrcible intrusion into and
Coinpulsory exposure Of ones private affairs
ana papers without judicial process, or in
eoulse OF proceedings, which is contrary to
Lne principles of free government and alb
Hoiient to the instincts of Englishmen and
Americans. In Kilbourne- Thompson dl3
y. > 1863 we have the decision of the Su-
pFeme Court of the United States
mat neither House of Congress had
power to make inquiries into the
private affairs of citizens. I'm that case the
Urn urn OF Jay Cooke 81 Co. were debtors of
e .Le United States, and it was alleged that
..ley We're interested in real estate pool in
, .iIe city OF Washington, and that the trus
~, ets OF their estate and effects had made a
ettenent OF their interests with the aSso-
Ilales ot the firm TO the disadvantage and
@ ioSs OF numerous creditors, including the
government Of the United States.
CONGRESSIONAL INQUIRY
:. Inc House of Representatives, by resolu-
S Son reclting the facts, authorized the
iauaAer 70 appoint a committee Of five TO
tnlnlre INTO the matter and the history of
,'n ,'iu Ieal estate pool, and the character of
in,S iu ettlement with the amount OF property
,a'l'. l.oiVed IN which jay Coo a. Co. were in
kftHfN saN.1A A